Justice Department broadens defense of Holder testimony

5/31/13 12:19 AM EDT

The Justice Department is elaborating on its defense of Attorney General Eric Holder's statements at a Congressional hearing earlier this month that he had never taken part in any discussions about the possibility of prosecuting journalists for publishing classified information.

That came late Thursday in a Justice Department statement contending that Holder's statements were not in tension with facts that emerged a few days after his testimony, showing that prosecutors had branded Fox News reporter James Rosen as a "co-conspirator" who had "potential criminal liability" for seeking secrets from State Department contractor Stephen Kim.

Kim was indicted in 2010 for leaking and lying to investigators. He is awaiting trial. Rosen was never charged.

"The Attorney General’s testimony concerning the potential prosecution of a member of the press was accurate and consistent with the facts of the Kim case," a DOJ spokesperson said Thursday night after Holder met with news media executives to discuss possible changes to laws and policies regarding investigations that relate to the press. "At no time during the leak case involving Stephen Kim, before or after the FBI sought the search warrant, have prosecutors sought approval to bring criminal charges against the reporter."

"The search warrant application in the Kim matter was focused on obtaining evidence relating to allegations that a government official had leaked highly classified information, which was a threat to our national security. The warrant application was drafted during the investigation phase of the case, which came before any decisions about prosecution. And nearly three years after completing our thorough investigation of the Kim matter, the Department does not anticipate bringing any additional charges," the spokesperson continued. "During the Attorney General’s tenure, no reporter has ever been prosecuted."

"As the Attorney General has stated, the Department is committed to striking a balance between protecting classified national security information and protecting the first amendment rights of journalists to gather and report the news. The Department appreciates the opportunity in the coming days and weeks to engage with media representatives to discuss ways in which our processes may be improved," the spokesperson added.

The challenge for Justice Department officials defending Holder's comments is the very sweep of his statement at the May 15 hearing, where he said he'd never even remotely contemplated prosecuting a journalist. He seemed to suggest such an idea was completey foreign and bizarre to him—a public impression that many view as undercut by his signing off on paperwork that labeled Rosen a lawbreaker who could legitimately be arrested by authorities if they so chose.

"With regard to the potential prosecution of the press for the disclosure of material, that is not something that I've ever been involved in, heard of or would think would be a wise policy. In fact, my view is quite the opposite," Holder said at the hearing.